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J.A.J. v. SWEDEN

Doc ref: 31750/96 • ECHR ID: 001-3299

Document date: September 12, 1996

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

J.A.J. v. SWEDEN

Doc ref: 31750/96 • ECHR ID: 001-3299

Document date: September 12, 1996

Cited paragraphs only

Application No. 31750/96

by J.A.J.

against Sweden

The European Commission of Human Rights sitting in private on

12 September 1996, the following members being present:

Mr. S. TRECHSEL, President

Mrs. G.H. THUNE

Mrs. J. LIDDY

MM. E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

F. MARTINEZ

C.L. ROZAKIS

L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

G.B. REFFI

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÃŽRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mr. H.C. KRÃœGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 3 April 1996 by

J.A.J. against Sweden and registered on 5 June 1996 under file

No. 31750/96;

Having regard to the reports provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having regard to the observations submitted by the respondent

Government on 15 August 1996 and the observations in reply submitted

by the applicant on 5 September 1996;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Iraqi citizen born in 1965. He resides at

present at Mjölby, Sweden. Before the Commission he is represented by

Mr. Claes Gustafsson, a lawyer practising at Mjölby.

On 18 April 1994 the applicant was accepted as a quota refugee

by Sweden. He came to Sweden with his family (mother, brothers and

sisters) on 24 August 1994. On 23 February 1995 the National

Immigration Board (Statens invandrarverk) granted the applicant a

permanent residence permit, considering that he was a "de facto

refugee" under Chapter 3, Section 1, subsection 3 of the Aliens Act

(Utlänningslagen, 1989:529), i.e. a person who is not considered to be

a refugee within the meaning of the Aliens Act and the United Nations

Refugee Convention but nevertheless can invoke weighty reasons for not

wanting to return to his native country due to the political situation

there.

By judgment of 21 June 1995, the applicant was convicted of rape

by the District Court (Tingsrätten) of Mjölby. He was sentenced to two

and a half years' imprisonment and the Court further ordered him to be

expelled. The judgment, including the expulsion order, was upheld by

the Göta Court of Appeal (Göta hovrätt) on 21 August 1995. On

29 September 1995 the Supreme Court (Högsta domstolen) refused the

applicant leave to appeal.

By decision of 16 November 1995, the Government rejected the

applicant's request for the expulsion order to be revoked.

On 20 March 1996 the National Parole Board (Kriminalvårds-

nämnden) ordered that the applicant be released on probation on

30 July 1996.

Before the Commission, the applicant, invoking Articles 2 and 3

of the Convention, claims that he risks the death penalty and torture

in Iraq as he has been politically active against the Iraqi Government,

deserted from the Iraqi Army and left the country without permission.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 3 April 1996 and registered on

5 June 1996.

On 4 July 1996 the Commission decided, pursuant to Rule 36 of the

Commission's Rules of Procedure, to indicate to the respondent

Government that it was desirable in the interest of the parties and the

proper conduct of the proceedings not to return the applicant to Iraq

until the Commission had had an opportunity to examine the application.

The Commission further decided, pursuant to Rule 48 para. 2 (b),

to bring the application to the notice of the respondent Government and

to invite them to submit written observations on the admissibility and

merits.

The Government's observations were submitted on 15 August 1996.

The Government informed the Commission of its present practice not to

enforce expulsion orders with respect to Iraq due to the political

situation in that country, provided that the case presents no State

security considerations. Accordingly, the Government had, on

11 July 1996, granted the applicant a temporary residence permit until

31 January 1997. Moreover, as long as the conditions in Iraq do not

undergo a substantial positive change, the applicant might be granted,

in the short term, time-limited residence permits and, in the long

term, a permanent residence permit.

The applicant's observations in reply were submitted on

5 September 1996.

REASONS FOR THE DECISION

As the applicant has been granted a temporary residence permit,

the Commission considers that it is no longer justified to continue the

examination of the application, in accordance with Article 30

para. 1 (c) of the Convention. Moreover, it finds no reasons of a

general character affecting respect for human rights, as defined in the

Convention, which require the further examination of the application

by virtue of Article 30 para. 1 in fine of the Convention. It follows

that the application should be struck off the Commission's list of

cases.

The Commission notes, however, that it may, under Article 30

para. 3 of the Convention, decide to restore the application to its

list of cases if it considers that the circumstances justify such a

course.

For these reasons, the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.

H.C. KRÃœGER S. TRECHSEL

Secretary President

of the Commission of the Commission

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